- 9authorities and institutions. In a decision of February 10, 2003, the Ombudsman's
Office stated that the Attorney General's report on the activities of the committee
“show[ed] that the results [had] evidently been very poor, owing above all,
according to the text, to the absence of records and to the declarations of those
interviewed that they had no information about the facts under investigation,
particularly facts that related to the Armed Forces.” Recently, on October 5, 2004,
the State issued a presidential decree to establish an “inter-institutional commission
to trace the children who disappeared as a result of the armed conflict in El
Salvador.” However, the Court was not given any information to indicate that the
commission had commenced activities.
153. The Court observes that the work of the Asociación Pro Búsqueda and of the
next of kin of the disappeared was fundamental in resolving most of the cases where
it has been possible to trace and find those who disappeared during the armed
conflict. Also, once they had obtained the necessary information about these people,
Pro-Búsqueda and the next of kin encouraged the re-establishment of family
relations and, when possible, the reunification of the families affected by the conflict,
in the absence of relevant effective, diligent and appropriate measures by the State.
154. In its concluding observations on August 22, 2003, the Human Rights
Committee stated that it “regretted the [State] was unable to explain the Legislative
Assembly's reasons for not approving the establishment of a national commission of
inquiry to track down children who disappeared in the conflict,” invited El Salvador to
“reconsider” the creation of this commission, and urged it “to submit detailed
information on the numbers of children found alive and the numbers that died in the
fighting,” and to create a compensation fund for young people who are found.16 The
Committee on the Rights of the Child also referred to this matter in its final
observations of June 30, 2004, to El Salvador, when it expressed its concern that the
State had not “taken a more active role in efforts to investigate the disappearance of
more than 700 children during the armed conflict between 1980 and 1992.” The
Committee on the Rights of the Child also noted “that the efforts which to date have
led to the tracing of some 250 children have been undertaken mainly by the NGO
Pro-Búsqueda.” It therefore recommended that the State assume an active role in
efforts to trace the children who disappeared during the armed conflict, that it
establish a national commission with adequate resources and capacity to trace the
disappeared children, and that it ratify the Inter-American Convention on the Forced
Disappearances of Persons.17
155. As it has been shown, the State has demonstrated a general lack of concern
about the situation of the children who disappeared in the internal armed conflict.
This has had a direct impact on determining what happened to Ernestina and Erlinda,
because the facts under investigation by the Chalatenango Trial Court refer to their
abduction during this conflict. During the public hearing held before the InterAmerican Court on September 7, 2004 (supra para. 14), the State affirmed that
“there has been criticism, with some reason, that the State authorities did not help in
the effort to trace the children lost in the war.” It also stated that “all Salvadorans
16
U.N. Human Rights Committee. Concluding observations: El Salvador. August 22, 2003.
CCPR/CO/78/SLV, para. 19.
17
U.N. Committee on the Rights of the Child. Examination of the reports presented by the State
parties under Article 44 of the Convention. Concluding observations on El Salvador of June 30, 2004.
CRC/C/15/Add.232, paras. 31 and 32.
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